Legal Question in Elder Law in California
My brother died 5 months ago. His estate is in probate. I found two promissory notes totaling 180,000.000 that were not repaid to my mother (85 years old) The notes were due and payable in 1996. My mother is in financial need since she lived with my brother and is now taking care of her own rent and living expenses. How should I proceed on her behalf in trying to collect this loan prior to the disbursement of the estate?
I have financial power of attorney for my mother.
2 Answers from Attorneys
You may contact in writing the executor of your brother's estate on behalf of your mother and make a demand for payment of the money owed. If it is not repaid within one year of your brother's death, you would have to file suit to enforce the debt. There are strict time limits on when you have to file suit. You might choose to compromise the debt if you believe your brother's estate cannot fully satisfy the entire obligation.
By filing a claim in the probate proceeding on those notes. Consult a local attorney if you don't know how.
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